Sometimes, the best course of action to address industry noncompliance—when companies break the rules meant to protect the environment and public safety—is criminal prosecution and sentencing under the Criminal Code of Canada. But in some cases, and with our help, the sentence imposed by the court can create a positive lasting impact through suitable projects.
Creative sentencing, an innovative enforcement tool, turns penalties for noncompliance into positive community projects with real-world impact.
We spoke with Gary Neilson, senior advisor, crown liaison, in Regulatory Compliance, to learn more about the AER’s role and how creative sentencing serves Albertans.
Justice With Action
"When the AER recommends criminal prosecution as an enforcement action, we send the investigation findings to the Alberta Crown Prosecution Service (ACPS) for consideration,” Gary explains. “If the Alberta Court of Justice (the Court) finds that a company is guilty, or if they plead guilty, the outcome may include a creative sentencing order.”
Creative sentencing is a restorative justice approach imposed on a guilty party by the Court. In many cases, a creative sentence is a monetary penalty that is paid to the AER for the sole purpose of funding a project that is related to the harm caused, and it usually benefits the area where the incident happened. As part of the sentencing process, the Court will publish a sentencing order that prescribes the outcomes that the Court expects from a project.
The AER supports the Court by identifying and overseeing projects that relate to the themes, characteristics, and locations specified within the creative sentencing order.
A Restorative Process
The AER’s approach in supporting creative sentencing is unique.
“A few years ago, we were tasked with developing a creative sentencing project on a tight timeline,” Gary recalls. “We suggested that the Court identify project themes and characteristics that they’d like to see achieved. With this information, we engaged with vendors across Alberta to gather project ideas.”
Now, the AER uses the Government of Alberta’s (GoA) procurement process to request project bids from the vendors that meet the objectives of the creative sentence imposed by the Court.
Using an established process to evaluate the bids, the AER helps identify projects that make a lasting impact on the communities we operate in on behalf of the Court. Subject matter experts from across the organization are involved in reviewing project submissions, using a set of criteria that makes the review process fair and transparent.
“The ideas that we receive for creative sentencing projects are interesting. The most difficult part of evaluating them is that each one is innovative!” Gary exclaims. “What’s important is that the outcome required by the court is met and the project has good value.”
Lasting Impacts
There have been a few notable projects resulting from creative sentences imposed by the Court in recent years.
“Since 2019, there have been 14 creative sentences imposed by the Court, 10 of which have been completed,” says Gary.
One example is the creation of the Youth Water Council, whose first project was to educate stakeholders about the requirements for water diversion activities that affect aquatic environments. Of note, the Youth Water Council is now self-sustaining and its membership and projects change annually.
The awareness video produced through a creative sentence about Temporary Diversion Licences in Alberta. (Video courtesy of the Youth Water Council project)
Next there is the Boreal Wetland Centre in Grande Prairie. Unique for these regions of Canada, the Boreal Wetland Centre is an immersive, outdoor demonstration centre that provides on-the-ground examples of industry innovation, among others. Here, they showcase avoidance and minimization construction practices and visitors learn about critical habitat and environmental stewardship.
Then there’s the practical project with the Utility Safety Partners Safety Ambassadors Program, where the AER administered funding through a creative sentence for a new, wrapped ambassador vehicle. This truck, and its occupants, help to spread awareness about utility safety.
The AER’s support of creative sentencing has led to several outcomes that ultimately meet the needs of the Alberta Court of Justice, resulting in a positive impact for Albertans.
“One of the justices called me out of the blue to share how happy he was with the result of the creative sentence on one of the prosecutions that the AER brought forward,” Gary concludes. “It’s nice to know that while we ensure industry addresses their noncompliance, we also play a role in helping Albertans with projects that do some good in our communities.”
